WPSB/173/2024
2025 Latest Caselaw 155 UK

Uttarakhand High Court

WPSB/173/2024 on 7 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                  2025:UHC:3568-DB
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSB No.173 of 2016
                               Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Ashish Naithani, J.

Judgment: (per Hon'ble Manoj Kumar Tiwari, J.)

Mr. Ganga Singh Negi, learned Addl. C.S.C. for State of Uttarakhand.

2. This writ petition was filed in 2016 seeking the following reliefs:-

"i. a writ, order or direction in the nature of mandamus commanding the respondents No.1 to hold a regular departmental promotional committee (D.P.C.) for the purpose of promotion to the post of Director Agriculture treating the petitioner senior to the respondent no.2, as early as possible and if possible within 10 days keeping in view of the fact that the petitioner is going to be retired on 31.08.2016.

ii. a writ, order or direction in the nature of certiorari quashing the impugned Office Order dated 30 June, 2015 passed by respondent no.1 (Annexure-9) whereby the respondent No.2 has been given the Officiating charge of Director (Agriculture) due to the retirement of Regular Director Sri Chandan Singh Mehra, and Office memorandum dated 20.07.2015 issued by respondent no.1 (Annexure-13) whereby the placement of the respondent no.2 was finalized at Serial No.2-A. iia. A writ order to direction in the nature of certiorari to quash the impugned order dated 05.08.2016 whereby the respondent no.2, who was appointed on 23.05.1990 has been declared senior to the petitioner who was appointed on 26.11.1982.

2025:UHC:3568-DB iib. A writ order to direction in the nature of mandamus commanding the respondent no.1 to redraw the seniority between the petitioner and respondent no.2 and consequently review the DPC and give notional promotion to the petitioner against the post of Director Agriculture with consequential benefits from the date of Departmental Promotion Committee i.e. 10.08.2016."

3. At the time of filing of writ petition, petitioner was serving as Additional Director. He prayed that promotional exercise for supplying vacancy on the post of Director, Agriculture be initiated as he is eligible and the post is also lying vacant for now.

4. Petitioner also challenged the order dated 30.06.2015 whereby respondent no.2 was given officiating charge as Director.

5. Learned State Counsel submits that petitioner retired on 31.08.2016 itself and after his retirement the reliefs, as claimed in the writ petition, do not survive.

6. After going through the pleadings and prayer made in the writ petition, this Court is also of the considered opinion that reliefs claimed by the petitioner do not survive after nine years. Accordingly, the writ petition is dismissed as infructuous.

(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 07.05.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.05.07 18:57:39 +05'30'